Hannah Thomas

This Practice Note examines the principles the court will apply in deciding whether identification evidence can be excluded at trial. It identifies common breaches of Police and Criminal Evidence Act 1984 (PACE 1984) Code of Practice D, (PACE Code D) and explains the principles that govern the admissibility of dock identifications and recognition evidence. This Practice Note also examines the Turnbull guidelines or Turnbull Direction which must be given in cases where the prosecution relies wholly or substantially on identification or recognition evidence.

This Practice Note covers the law in relation to excluding evidence of the defendant's bad character under section 101(3) of the Criminal Justice Act 2003, and excluding evidence of 'bad character' under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984). It deals in particular with evidence of a co-defendant's bad character, whether Article 6 of the ECHR is a bar to admissibility, and whether PACE 1984, s 78 operates to exclude bad character admitted as important explanatory evidence. It then deals with exclusion of evidence under the Criminal Procedure Rules. Finally it cover the forms and time limits for applications to exclude, in particular, applications to exclude the defendant's bad character and objecting to a non-defendant's bad character.

This Practice Note covers the test for exclusion of evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984). It includes information on applications to exclude evidence on grounds of breach of the PACE 1984 codes of practice and tainted interviews. This Practice Note also explains how to make an application to exclude video-recorded evidence-in-chief and for the exclusion of evidence obtained by surveillance. It covers the procedure for making an application to exclude evidence and voir dire.

This Practice Note explains the statutory duty on the prosecution of the disclosure of unused evidence in criminal proceedings. It covers when such prosecution disclosure should take place and what unused material should be disclosed. It covers the continuing duty of disclosure and the consequences of a failure to make disclosure of unused evidence. It explains the obligations both on the prosecution and the defence in the context of the statutory regime set out in the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the Codes of Practice under CPIA 1996 along with the CPS Disclosure Manual and the Attorney General's Guidelines on Disclosure. It covers criticisms of the disclosure process, the scheduling of unused non-sensitive and sensitive material, handling electronic material and the disclosure review document.

This Practice Note explains how third-party material needs to be identified in the Defence case statement. It covers the investigators duties under the Criminal Procedure and Investigations Act 1996 and the accompanying Code of Practice to pursue all reasonable lines of enquiry and the disclosure obligations of crown servants and the impact of public interest immunity (PII). It explains how to obtain disclosure from a third party directly and how to apply for a witness summons for production of material under the Criminal Procedure Rules. The Note also explains how wasted costs may be awarded in unmeritorious third-party applications for disclosure.

This Practice Note explains the disclosure and service of prosecution evidence in criminal proceedings in England and Wales under the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). It deals with the requirements for the form in which evidence is served and how defence objections are dealt with.

This Flowchart assists criminal law practitioners to determine the admissibility of documentary hearsay in criminal proceedings under the Criminal Justice Act 2003 (CJA 2003), section 117. It poses a series of questions for lawyers to consider in assessing whether the evidence is admissible under the documentary hearsay provisions of CJA 2003, s 117.